Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Closed Thread
 
Thread Tools
  #1  
Old 11-03-2010, 02:24 PM
Spoonz Spoonz is offline
Member
 
Join Date: Sep 2010
Location: Windsor Ontario
Posts: 60
Spoonz is on a distinguished road
Default How to Proceed?

We have a very sad situation here. When child was approximately 9 months old CP took child out of province for a visit with grandparents and never returned. The whole situation was not handled properly, on both the CP and NCP sides.

NCP last contact with child was18years ago. Contact was discouraged and child had thought that NCP was deceased up until about 5 years ago. Child now wants no contact with NCP.

CP has not replied to any communication regarding motion to change so that CS can be based on guidelines.

NCP hired lawyer last year Dec 09 to stop a license suspension and to file a motion to change. Lawyer obtained the refraining order, then filed a motion to claim damages and CS not to guidelines. Then the lawyer did nothing. The CP and Ontario Works sent an unsigned and unfiled Answer to the Lawyer. Lawyer then did nothing. Lawyer did not contact NCP just did nothing.

Fast forward to June. NCP license is suspended. Looses job. NCP contacts lawyer. Lawyer doesn't return any calls. Aug continue to call lawyer no replies. Self education on Family Law in Ontario begins!

Eyes peeled open.

NCP wants CS based on guidelines. Initial amount set well above guidelines.
For years that CP was NOT under Ontario Works, under original order amount to an arrears, however if CS is actually calculated on guidelines amounts there is an overpayment of about 5k. NCP does not seek this money but would like it applied to post secondary support.

As for CS owed during periods CP was receiving aid from Ontario Works, there are arrears owing, NCP wishes that the arrears owing be based on 2006 guidelines.

In the unsigned Answer filed with the Lawyer the CP also is seeking guideline amounts and also continued support.

Lawyer was fired in September. Files from lawyer obtained. Do not see that a motion to change was filed only an application for "an order determining the obligation of the CP to support the child and the terms of that obligation" And "an order for damages for the failure of the NCP to provide access to the NCP." THIS IS NOT WHAT THE NCP WANTS TO DO.

NCP feels very mislead by Lawyer. NCP does not wish to fight and argue, NCP only wants to have CS set at guidelines and a repayment plan for arrears. NCP is also looking for an order to define when CS will end.

NCP has attempted to contact CP via facebook email address was requested. NCP put on ignore and no reply. NCP sent CP registered letter requesting email address and request for communication on settling the CS. No reply.

NCP learned a few days ago from other children that first child had moved out of CP home and into the home of grandparents. I know more drama. NCP would prefer to stay away from any sort of drama, just checking if this move does affect CS. In the end there will be a court order to determine when CS should end.

btw - sorry if this sounds strangely worded - I am NCP wife, trying to help him through this pile of mud.
  #2  
Old 11-03-2010, 02:25 PM
Spoonz Spoonz is offline
Member
 
Join Date: Sep 2010
Location: Windsor Ontario
Posts: 60
Spoonz is on a distinguished road
Default

Now my question is - what to do about that stupid application the Lawyer made, requesting:
"an order determining the obligation of the CP to support the child and the terms of that obligation" And "an order for damages for the failure of the NCP to provide access to the NCP."
That is not what NCP wants. Don't know which way to go now.
  #3  
Old 11-03-2010, 03:22 PM
NBDad's Avatar
NBDad NBDad is offline
Senior Member
 
Join Date: Dec 2009
Location: New Brunswick
Posts: 2,734
NBDad is on a distinguished road
Default

Ugh, what a mess.

First thing I would do is get your supporting documentation together and file a complaint with the law society of upper canada. (Complaining about a Lawyer or Paralegal)

A lot of what you listed is contrary to the code of ethics that all lawyers are bound by, and have to abide by in order to practice their profession.

Then, find a lawyer who is NOT an idiot. Unfortunately helping to unravel the cluster-F4 that has occurred is going to be beyond most of us here. You need some professional help with this one.

Quote:
NCP has attempted to contact CP via facebook email address was requested. NCP put on ignore and no reply. NCP sent CP registered letter requesting email address and request for communication on settling the CS. No reply.
Document document document. This is all relevant information. Does the CP have a lawyer? Communicate through them if she refuses to acknowledge.

Quote:
NCP learned a few days ago from other children that first child had moved out of CP home and into the home of grandparents. I know more drama. NCP would prefer to stay away from any sort of drama, just checking if this move does affect CS. In the end there will be a court order to determine when CS should end.
And now you see the reason that the CP is not communicating. IF the child has moved to the grandparent's home (and if the child is OVER 18 now) you can make an argument that the child is no longer a child of the marriage and CS should end now. (assuming child is not currently still in school)
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Notice of Intention to Proceed? Boyz5 Divorce & Family Law 3 07-15-2011 02:08 PM
Can I apply for an application to dismiss Respondents Motion to Change kelly Divorce & Family Law 7 11-05-2010 12:41 PM
Dealing With New Relationships Cobourg Divorce Support 5 03-07-2010 11:53 AM
How Do I Proceed With Jurisdiction Issues? Jeri E. Divorce & Family Law 2 05-02-2006 11:44 PM
How to proceed CatvsLion Divorce & Family Law 9 04-25-2006 10:10 PM


All times are GMT -4. The time now is 03:22 AM.